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(영문) 춘천지방법원 강릉지원 2017.03.29 2016고단1712
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Road Traffic Act, and the Guarantee of Compensation for Damages for Motor Vehicles shall not operate any motor vehicle which is not covered by mandatory insurance, and 50 cc two-wheeled motor vehicles owned by the defendant are not covered by mandatory insurance;

Nevertheless, at around 00:25 on December 7, 2016, the Defendant operated a motor-wheeled vehicle without obtaining a motor device bicycle license from approximately 200 meters from the front road of the Defendant’s house B in the East Sea to the front road in the same city C, without obtaining a motor device license from around 200 meters.

2. On December 7, 2016, the Defendant was under the influence of alcohol, such as drinking, smelling, red-lighting, etc. on the face of the Defendant while driving a two-wheeled vehicle of 50 cc or more under the influence of alcohol on the ground that the Defendant was under the influence of alcohol, while driving a two-wheel vehicle of 50 cc or more at the front of the Defendant’s house B in the East Sea to D in the front of D in the same city C at the same time on the same time.

On the same day, there was a considerable reason to determine a person, and at around 00:30 on the same day, he was demanded to respond to the measurement of drinking by inserting approximately 30 minutes of the drinking-free measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. A motor vehicle driver's license ledger and a report on detection of an offender;

1. Application of Acts and subordinate statutes to photographs of each non-registered wheeled vehicle, and of CCTV images to the extent that such photographs are cut;

1. Violation of the Road Traffic Act (non-licenseed driving) as stated in the relevant law on criminal facts: Violation of the Guarantee of Automobile Damage Compensation as stated in Articles 154 subparag. 2 and 43 of the Road Traffic Act: Article 46(2)2 and Article 8 of the Guarantee of Automobile Damage Compensation Act.

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